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Statutory Instruments

1996 No. 1276 (C.22) (S.125)

TOWN AND COUNTRY PLANNING, SCOTLAND

The Housing and Planning Act 1986 (Commencement No.19) (Scotland) Order 1996

Made

7th May 1996

The Secretary of State, in exercise of the powers conferred on him by section 57(2) of the Housing and Planning Act 1986(1) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation

1.  This Order may be cited as the Housing and Planning Act 1986 (Commencement No.19) (Scotland) Order 1996.

Provisions coming into force on 1st June 1996

2.  The following provisions of the Housing and Planning Act 1986 shall come into force on 1st June 1996:—

(a)section 53(1) (minor and consequential amendments) in so far as it relates to paragraphs 57 and 58 of Schedule 11; and

(b)section 53(2) (repeals) in so far as it relates to the repeals in Part IV of Schedule 12 specified in the Schedule to this Order.

Lindsay

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

7th May 1996

Article 2(b)

SCHEDULEREPEALS IN PART IV OF SCHEDULE 12 COMING INTO FORCE ON 1ST JUNE 1996

ChapterShort TitleExtent of repeal
1968 c. 14Public Expenditure and Receipts Act 1968.In Schedule 3, in paragraph 6, the entry relating to section 355(8) of the Local Government (Scotland) Act 1947.
1972 c. 52Town and Country Planning (Scotland) Act 1972.In section 53(2), the word “only” and the words “(in this Act referred to as listed building consent)”.
In section 53(4) the words “under section 54 of this Act,”.
1974 c. 32Town and Country Amenities Act 1974.Section 5.
1984 c. 27Road Traffic Regulation Act 1984In section 129(1)(d) the words “(including” to “in the inquiry)”.

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 1st June 1996 provisions of the Housing and Planning Act 1986 which amend the Town and Country Planning (Scotland) Act 1972. They amend sections 53(2) and (4) (listed buildings) and 267(9) (local inquiries) of the 1972 Act. In consequence all the amendments to the 1972 Act made by the 1986 Act will be in force, apart from the inadvertent repeal of section 273(9) of the 1972 Act which has not been commenced.

The Order also brings into force a number of other minor repeals.

This is the final commencement order for Scotland relating to the 1986 Act.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Housing and Planning Act 1986 have been brought into force by commencement orders made before the date of this Order:

ProvisionDate of commencementS.I. No.
Sections 1 to 47 January 19871986/2262
Section 513 July 19921992/1753
Section 611 March 19881988/283
Section 85 April 19891989/430
Section 913 May 19871987/754
Sections 10 to 147 January 19871986/2262
Section 1517 February 19881987/2277
Sections 16 and 177 January 19871986/2262
Section 18 (partially)11 December 19871987/1939
Sections 19 and 207 January 19871986/2262
Sections 22 and 23
Section 24 (partially)
Section 24 (partially)22 September 19871987/1554
Section 24 (partially)11 December 19871987/1939
Section 24 (partially)17 February 19881987/2277
Section 24 (partially)17 August 19921992/1753
Section 252 November 19871987/1759
Section 261 October 19871987/1607
Sections 27 to 297 January 19871986/2262
Sections 35, 36 and 38 (partially)18 February 19931993/273
Sections 35, 36 and 38 (otherwise)1 May 1993
Section 37 (partially)18 February 1993
Section 37 (otherwise)1 May 1993
Section 3911 December 19871987/1939
Section 401 April 19871987/348
Section 412 November 19871987/1759
Section 4217 November 19881988/1787
Section 4331 March 19901990/614
Sections 44 to 487 January 19871986/2262
Section 49 (partially)
Section 49 (partially)2 March 19871987/304
Section 49 (partially)1 April 19871987/348
Section 49 (partially)2 November 19871987/1759
Section 49 (partially)17 November 19881988/1787
Section 49 (partially)31 March 19901990/614
Sections 50 and 511 October 19871987/1607
Section 53 (partially)7 January 19871986/2262
Section 53 (partially)31 March 19901990/797
Sections 54 and 557 January 19871986/2262